Effective - 28 Aug 2018, 2 histories
304.232. Municipal law enforcement officers, state highway patrol to approve certification procedures — fees — requirements — random roadside inspections prohibited, when — rulemaking authority. — 1. The Missouri state highway patrol shall approve procedures for the certification of municipal police officers, sheriffs, deputy sheriffs, and other law enforcement officials that enforce sections 304.170 to 304.230.
2. The certification procedures shall meet the requirements of the memorandum of understanding between the state of Missouri and the commercial vehicle safety alliance or any successor organization, as periodically adopted or amended.
3. Commercial motor vehicle safety data collection, management, and distribution by law enforcement officials shall be compatible with the information systems of the Missouri state highway patrol.
4. The Missouri state highway patrol shall establish reasonable fees sufficient to recover the cost of training, recurring training, data collection and management, certifying, and additional administrative functions for law enforcement officials approved under this section.
5. The agencies for which law enforcement officials approved under this section shall adhere to the Motor Carrier Safety Assistance Program requirements under 49 Code of Federal Regulations Part 350 of the Federal Motor Carrier Safety Regulations.
6. The agencies for which law enforcement officials approved under this section shall be subject to periodic program reviews and be required to submit a commercial vehicle safety plan that is consistent with and incorporated into the statewide enforcement plan.
7. Beginning January 1, 2009, no local law enforcement officer may conduct a random commercial motor vehicle roadside inspection to determine compliance with the provisions of sections 304.170 to 304.230 unless the law enforcement officer has satisfactorily completed, as a part of his or her training, the basic course of instruction developed by the commercial vehicle safety alliance and has been approved by the Missouri state highway patrol under this section. Law enforcement officers authorized to enforce the provisions of sections 304.170 to 304.230 shall annually receive in-service training related to commercial motor vehicle operations, including but not limited to training in current federal motor carrier safety regulations, safety inspection procedures, and out-of-service criteria. The annual training requirements shall be approved by the superintendent of the state highway patrol.
8. Law enforcement officers who have received commercial vehicle safety alliance certification prior to January 1, 2009, shall be exempt from the provisions of this section and such officers shall be qualified to conduct random roadside inspections described under this section and section 304.230.
9. No safety inspection shall be performed on the shoulder of any highway with a posted speed limit in excess of forty miles per hour, except that safety inspections may be permitted on the shoulder at any entrance or exit of such highway where there is adequate space on the shoulder to safely perform such inspection.
10. The superintendent of the state highway patrol shall promulgate rules and regulations necessary to administer the certification procedures and any other provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.
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(L. 2008 S.B. 930 & 947, A.L. 2018 S.B. 881)
Structure Missouri Revised Statutes
Title XIX - Motor Vehicles, Watercraft and Aviation
Chapter 304 - Traffic Regulations
Section 304.001 - Definitions for chapter 304 and chapter 307.
Section 304.009 - Speed limit — violation, penalty.
Section 304.012 - Motorists to exercise highest degree of care — violation, penalty.
Section 304.014 - Rules of the road to be observed.
Section 304.015 - Drive on right of highway — traffic lanes — signs — violations, penalties.
Section 304.016 - Passing regulations — violations, penalties.
Section 304.017 - Distance at which vehicle must follow, penalty.
Section 304.019 - Hand and mechanical signals, violations, penalty.
Section 304.023 - Passing stopped streetcars, penalty.
Section 304.024 - Crosswalks and parking regulations established — signs — violation, an infraction.
Section 304.025 - Highway and vehicle defined.
Section 304.027 - Spinal cord injury fund created, uses — surcharge imposed, when.
Section 304.028 - Brain injury fund created, moneys in fund, uses — surcharge imposed, when.
Section 304.029 - Operation of low-speed vehicles on highway, permitted when — exemptions.
Section 304.031 - Traffic signal preemption system, use of, permitted when — violations, penalty.
Section 304.040 - Failure to stop, penalty.
Section 304.044 - Buses and trucks not to follow within three hundred feet — penalty.
Section 304.070 - Violation of section 304.050, penalty.
Section 304.075 - School bus signs to be removed, when — misdemeanor.
Section 304.076 - Head Start buses to bear signs.
Section 304.079 - Use of designated disabled parking spaces, when.
Section 304.110 - Violation of sections 304.080 to 304.110, penalty.
Section 304.120 - Municipal regulations — owner or lessor not liable for violations, when.
Section 304.125 - Traffic violation citation quota prohibited--exception.
Section 304.140 - Penalty for violations.
Section 304.152 - Roadside checkpoints and roadblock patterns based on vehicle type prohibited.
Section 304.159 - Municipality may prohibit storage of certain vehicles, exceptions.
Section 304.160 - Glass, tacks, injurious substances, duty to remove from highway, when — penalty.
Section 304.172 - Fire-fighting equipment exempt from size restrictions.
Section 304.181 - Buses, axle weight limits.
Section 304.200 - Special permits for oversize or overweight loads — rules for issuing — when valid.
Section 304.210 - Reduction of maximum weight by highways and transportation commission — notice.
Section 304.220 - Weight limits on county roads and bridges reduced, when — penalty for violation.
Section 304.230 - Enforcement of load laws — commercial vehicle inspectors, powers.
Section 304.250 - Restriction on use of metal-tired vehicles — penalty.
Section 304.260 - Tractors exempt — designation of truck routes by commission.
Section 304.271 - Observance of traffic-control devices — presumptions — penalty.
Section 304.285 - Red light violations by motorcycles or bicycles, affirmative defense, when.
Section 304.289 - Timing of signals, minimum interval times to be established.
Section 304.291 - Rules for pedestrians controlled by special signs.
Section 304.301 - Rules for vehicular traffic controlled by flashing signals — violation, penalty.
Section 304.311 - Observance of lane — direction — control signals.
Section 304.331 - Alteration or removal of traffic-control devices prohibited.
Section 304.341 - Turns at intersection — violation, penalty.
Section 304.361 - Penalty for violation of sections 304.271 to 304.351.
Section 304.373 - Hazardous materials, requirements for transportation — violations, penalties.
Section 304.570 - Penalty for violations.
Section 304.580 - Definitions.
Section 304.590 - Travel safe zone defined — doubling of fine for violation in — signage required.
Section 304.665 - Riding in open bed of truck prohibited, when, exceptions, penalty.
Section 304.678 - Distance to be maintained when overtaking a bicycle — violation, penalty.
Section 304.890 - Definitions.